Parking in a restricted street during the restricted hours

[Grizzlepuss]

Hi All,

I was recently issued with a PCN under the code:-

01 - Parking in a restricted street during the restricted hours.

 

I had bought a valid ticket for a 'Pay & Display' parking space (early afternoon) and was still within credit when I returned to my vehicle. My suspicions were instantly raised when I discovered the offending ticket on my car because I was suspecting what the ticket was all about (see attached photo...of which I took many in case I needed to pursue this matter). I was guessing that an over-zealous oink from the 'Yellow Peril' brigade was taking things a bit too literally, ie my wheels were not all in the parking bay. Had I have moved entirely into the bay then the car in front would certainly have been hemmed in.

What then peeved me further was the fact that when I checked my penalty notice with the Councils website, I noticed I was being issued a penalty charge under Code 01 (as declared on the notice) and not:-

Code 24 'Not parking correctly within the markings of the bay or space'.

 

Has this ticket been issued correctly using the appropriate violation code?

And even if the 01 code is correct, can I appeal on the grounds that more than ¾ of the wheelbase was within the bay and that any further attempt to move forward would have been inconsiderate etc etc to other car owners?

[Jamberson]

Whether you're considered to be on the yellow line or not depends on whether you have a wheel on it. There's no recognition of how much of the vehicle is in the bay or over the line, just the issue of one wheel or more.

 

So, judging by the images alone, it was technincally issued for the correct contravention.

 

What can you do? If you post the PCN up here (hiding the reg number and PCN number so it can't be identified) someone will look to see if there's anything irregular on it.

 

Failing that, you have a right of appeal, so you can appeal for leniency given that you paid to park and had nothing to gain by overhanging the bay slightly.

[drifter104]

So basically they are saying that because part of the car was out of the bay your parked on a restricted section of the road. Very harsh

 

There was no time limit on the bays was there? i.e. not to be used after a certain time. I imagine it should/would be a different code but thought I would ask.

[crem]

The offence would be for "any part of the vehicle to be over the yellow line." i.e. even if both your wheels were in the bay, but your back bumper was overhanging beyond the yellow line, then to offence has occurred.

 

I think you need to post the PCN on here to look for other flaws as I believe the offence code would be correct for the position your car is parked in.

[green_and_mean]

The ticket has been issued incorrectly you have obviously made an attempt to park in the bay and made payment. The contravention should be (24) parked outside the bay markings which is at a cheaper rate than a yellow line so they are either poorly trained or being a bit cheeky.

[Grizzlepuss]

Thanks sincerely to all of you for replying.

Like I said; I not only think the ticket was issued inappropriately, but that the code used was incorrect.

 

I will scan the PCN and post it asap.

[Grizzlepuss]

Apologies for the delay....here is the offending PCN

[green_and_mean]

If its Scotland there is no differential rate as its still under the RTA 1991 not the TMA 2004 so either ticket is the same rate so your case is slightly weakened.

[Grizzlepuss]

Thanks for the advice.

 

I'll appeal again, and let you know the outcome